Archive for the 'Homeowner Associations' Tag Under 'OC Watchdog' Category

(Note: The Jacuzzi people object to the name of their brand being used as a synonym for "hot tub" and "spa," so we have removed that reference, even though the folks in this story referred to the spa as such. Jacuzzi says it did not make the hot tub pictured.)

So nearly half of the public pools and spas in Orange County - 3,451 of 7,376, to be exact - have submitted paperwork to prove they're in compliance with new safety rules, says RichardSanchez, Orange County's director of environmental health.

The overwhelming majority are simply replacing drain covers so people won't get stuck to them.

Tim McIntyre has a cautionary tale to offer. McIntyre doesn't usually lie under water at the bottom of hot tubs, but he did; and he wants you to know that the stuff billed as safe may not, under some circumstances, be safe at all; and he has pictures of the welts to prove it.

Tomorrow is D-Day in Laguna Woods Village, where secret ballots for the recall of four directors must be returned to the Inspector of Elections by 9 a.m.

A half-hour later, those secret ballots will be opened and counted at a special meeting of the United Board at Clubhouse 3.

Things are a wee bit tense.

"I was up at the ballot drop in room at Club House 1, and I have a 'No On Recall' button on and a man said to me, 'Vote yes on the recall,' said resident Heather Gerson. "I looked at him and said, 'Apparently you can't read. That' says 'vote no.'

Marty Rubin is one of the four targets of the first-ever recall election in Laguna Woods Village's history. On Friday, the ballots will be counted. (Read our story about all that here.)

We at The Watchdog haven't had great success engaging the officialdom at LWV, so we greatly appreciate Rubin's willingness to answer our (sometimes indelicate) questions. Here's our email question-and-answer session:

WATCHDOG: From a distance, it seems that the conflict at its most basic is over perceptions of how the management company does its job. Some folks feel that they're not getting a fair shake and want to rock the boat; others seem to think things are going along swimmingly.

The "argumentative director" who was unceremoniously booted from a homeowners association board in Laguna Woods Village - and then took the association to court - was reinstated to her seat after a settlement conference on Monday.

So there sat Katie McDaniel, in her official seat on the official dais at Third Mutual's meeting this morning, where she ... delivered her resignation.

"The price of reinstatement has exacted an extremely high emotional and physical toll to both sides," said McDaniel, reading from a prepared statement. "The action has been nothing but destructive. While pleased with the outcome ... I am mentally and physically depleted, and I feel I shall be of far greater service on the ground, where I shall work at a grass roots level.

"I am therefore submitting my resignation from this board effective immediately. I intend to take time to work for the rights of the residents, and prepare myself to run as an elected member rather than a replacement term. This will give the residents a full and unconstrained voice to represent them, without fear of precipitous removal over something as trivial as the color of my shoes." (See her entire statement below.)

Right now, the ballot lets recall voters choose between “yes,” no” and “abstain,” which yes folks say is not allowed by California law. The ballot also includes capital letters saying “RECALL WITHOUT CAUSE” before each targeted director's name.

The governing board of the United mutual - one of LWV's homeowners associations - declined to adopt the more streamlined version favored by recall organizer Mike Curtis on Tuesday.

At right, you see the ballot as it is presently configured. Below, you'll see the ballot as the yes camp would like it to be.

Right now, the official ballot lets recall voters choose between "yes," no" and "abstain," which yes folks say is not allowed by California law. The ballot also includes capital letters saying “RECALL WITHOUT CAUSE” before each targeted director's name.

The governing board of the United mutual - one of LWV's homeowners associations - will weigh the ballots again at its at its meeting at 9:30 a.m. Tuesday.

The first-ever recall in Laguna Woods Village's40-something-year history may head to court next week - before it's even held, before ballots are even mailed, cast or counted.

And the company originally chosen to conduct said recall election? Gone with the wind, amid a swirl of wild rumors (though we promise to dispel them by the end of this column).

This $121,000-or-so exercise in direct democracy came about after rebellious director Mike Curtis got fed up with how some fellow board members handle the community's finances - and how they, in his opinion, kowtow to property manager Professional Community Management.

Curtis is blazing mad about the $5.4 million of seniors' money that PCM spent on employee incentives, which were a mystery to many for the better part of a decade. After Curtis failed to get traction with his board colleagues re: trying to recoup money from PCM (and as assessments were slated to rise another 4 percent), his troops sprang to action, gathered some 400 signatures and forced a vote on the fate of four United board members - Lloyd Foster, Linda Wilson, Marty Rubin and Gail McNutly. (United is one of LWV's homeowners associations.)

We're still waiting on dollar figures for the Emeritus physical education program, but here is what Saddleback spokeswoman Jennie McCue says in the meantime:

Since 1976 the Saddleback College Emeritus Institute has offered classes throughout south Orange County to provide life long learning opportunities to the older adult population. Many of those classes are held in Laguna Woods Village at the invitation of resident groups, including the exercise equipment classes, which are free and open to all interested senior citizens.The Emeritus Institute offers four classes in the Equipment Fitness Room Monday through Friday, 8:00 a.m. to 12:00 p.m. Residents who wish to use the equipment room while classes are in session are asked to enroll due to liability requirements of the South Orange County Community College District. There is no charge to register and attend the classes. The classes were established in 1976 and are consistently very popular. During the spring semester, 1,525 students registered for at least one of the four classes.

These classes are supervised by two highly qualified kinesiology instructors who have master's degrees in physical fitness and years of experience working with older adults. The instructors provide an individualized exercise program using a variety of equipment and provide information on health and exercise techniques. These classes are state-approved curriculum and are free to all students.

The petition you referenced was reviewed by Laguna Woods Village resident committees, including the Aquatics & Health Fitness Advisory Committee, the Continuing Education Advisory Committee, and the Community Activities Committee, which held a meeting in April 2009 and enabled residents to voice concerns and discuss pros and cons for continuing the classes. The vast majority of residents in attendance were very supportive of continuing the class and it was ultimately decided at the May meeting of the Community Activities Committee that the community wished to continue the classes.

When Doug Goforth, retired businessman, was checking out Laguna Woods Village in 2007, one of the things that hooked him was the fully-equipped fitness center. "Residents only!" a real estate agent crowed. "Practically your own private health club!"

So imagine Goforth's surprise after he bought his place, went to the health club on a weekday morning and was told that he couldn't use it - unless he registered for a Saddleback College physical education class.

He looked around. Dozens of people, basically exercising on their own. It certainly didn't look like a class.

"Enroll," he was told. "It doesn't cost you anything."

Couldn't he use his own gym without signing up for community college classes? he pressed. No; it was an insurance thing, he was told. And so Goforth enrolled, so he could use the gym on weekday mornings, because he tries to exercise every day.

In less than 10 days, information regarding the first (rather contentious, to put it mildly) recall election in the history of of Laguna Woods Village should land in the mailboxes of the 6,000 or so folks in United Mutual. (United is one of LWV's homeowners associations.) Up for recall are four board members; folks should expect to see details by June 20.

The cost of this exercise in democracy: at least $38,500, but it could go as high as $121,000, harm the community's reputation and distract officials from more important jobs, officials warn.

And the $68,000 question is....Will the man who pushed for the recall be recalled himself?! Only time will tell.

This whole thing came to pass after rebellious United board director Mike Curtis got fed up with how some of his fellow board members handle the community's finances - and how they, in his humble opinion, kowtow to property manager Professional Community Management.

The Watchdog endeavors to keep a critical eye on those holding the public trust, and how they spend the public's money. We ask, How much does it cost? Is that the right thing to do? How might we do it better? We bring a consumer-oriented approach to the machinations of local governments, businesses and non-profits, and try to navigate the sometimes turbulent waters of bureacracy for readers caught in whirlpools of red tape. Send tips and other email to watchdog@ocregister.com